Account Recovery

JULY 23, 2024

In a case that was defended by Xerxes Martin and Jacob Bach at Martin Golden Lyons Watts Morgan, a District Court judge in Maryland has granted a defendant’s motion to dismiss a Fair Credit Reporting Act and Fair Debt Collection Practices Act case for lack of personal jurisdiction.

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Fair Debt Collection Collections 130

Account Recovery

MAY 6, 2024

A bill has been introduced in the House of Representatives to amend the Fair Debt Collection Practices Act in order to include additional information when sending the validation notice while also expanding the requirements before filing collection lawsuits. What It Is: H.R.

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Fair Debt Collection Collections 248

Account Recovery

JULY 22, 2024

A District Court judge in Pennsylvania has “resoundingly” granted a defendant’s motion to dismiss a Fair Debt Collection Practices Act class action lawsuit, ruling that the “dubious and illogical legal” theories proposed by the plaintiff The Background: Back in 2023, the plaintiff was sued for an unpaid debt.

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Fair Debt Collection Collections 130

Burt and Associates

AUGUST 22, 2019

For your information is available the 2019 Fair Debt Collection Practices Act. The Federal Trade Commission (FTC) is the nation’s consumer protection agency. The FTC works to prevent fraudulent, deceptive and unfair business practices in the marketplace. FDCPA 2019.

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Fair Debt Collection Collections Trade Education 40

Account Recovery

FEBRUARY 23, 2022

A bill has been introduced in Congress that would expand the Fair Debt Collection Practices Act to cover small business debts in order to protect those companies from “harassment” by third-party debt collectors, according to the bill’s sponsor.

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Third-party Debt Collectors Fair Debt Collection Debt collector Collections 246

Troutman Sanders

SEPTEMBER 18, 2023

The class action complaint alleged that the defendant violated California’s Rosenthal Fair Debt Collection Practices Act (RFDCPA) and several other state consumer protection statutes. The plaintiff filed a class action lawsuit on behalf of himself and similarly situated consumers.

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Fair Debt Collection Collections Consumer Credit Collection Agent 52

Credit Management Company

FEBRUARY 23, 2021

Now, there are additional steps you must add to your debt collection practices. Late last year, the Consumer Financial Protection Bureau (CFPB) announced the Final Rule that debt collectors must follow under the Fair Debt Collection Practices Act (FDCPA).

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Fair Debt Collection Debt collector Collections Healthcare 52

Account Recovery

JULY 16, 2024

A District Court judge in Alabama has denied a defendant’s motion for summary judgment in a Fair Credit Reporting Act and Fair Debt Collection Practices Act case, ruling the defendant did not do enough to determine whether the debt in question was validly due and owing after the plaintiff filed a dispute.

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Fair Debt Collection Judgment Collections 130

Account Recovery

JULY 17, 2024

A Magistrate Court judge in New York has denied a plaintiff’s attorney’s motion to withdraw as counsel in a Fair Debt Collection Practices Act lawsuit and granted a motion from the defendant for fees and costs, ordering the plaintiff’s attorney to pay $4,358.93 The Background: Back […]

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Fair Debt Collection Collections 130

Account Recovery

JULY 15, 2024

The Court of Appeals for the Seventh Circuit has upheld rulings in favor of the defendants who were sued by a consumer for allegedly violating the Fair Credit Reporting Act and the Fair Debt Collection Practices Act when they reported a loan as delinquent after it had been cured during the bankruptcy process, ruling that […]

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Fair Debt Collection Bankruptcy Loans Collections 130

Collection Industry News

SEPTEMBER 8, 2020

THE Fair Debt Collection Practices Act (FDCPA) is a federal law that was enacted in 1978 by the United States Congress to protect consumers from abusive debt collectors. Note, however, that the FDCPA applies only to third party collectors who collect debt for original creditors. Fremont Ave., LARRY YANG.

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Account Recovery

JULY 12, 2024

A District Court judge in Florida has granted a defendant’s motion to dismiss a Fair Debt Collection Practices Act case involving a worker’s compensation claim because the plaintiff failed to sufficiently allege a concrete injury, thus lacking the necessary standing to pursue the lawsuit.

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Fair Debt Collection Collections 130

Account Recovery

JULY 9, 2024

A District Court judge in New Jersey has granted a defendant’s motion to dismiss a Fair Debt Collection Practices Act case after it was sued for sending a debt verification letter to a consumer who had refused to pay a debt and demanded the defendant cease communication with him.

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Fair Debt Collection Collections 130

Account Recovery

JUNE 28, 2024

On remand from the Court of Appeals for the Third Circuit, a District Court judge in New Jersey has granted a defendant’s motion to compel arbitration after it was accused of violating the Fair Debt Collection Practices Act, The Background: The case arose from the defendant’s collection letters, which the plaintiff claimed were misleading (..)

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Fair Debt Collection Collections Credit Management 147

Account Recovery

JUNE 25, 2024

The Superior Court of New Jersey Appellate Division has reversed a previous dismissal of a class-action Fair Debt Collections Practices Act claim that accused the defendant used misleading debt-collection form letters, which threatened negative credit reporting despite the debts already being reported.

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Fair Debt Collection Collections 147

Burr Forman

SEPTEMBER 3, 2021

The Seventh Circuit reasoned Plaintiff’s lack of Article III standing with respect to her claims brought pursuant to the Fair Debt Collection Practices Act (“FDCPA”), 15 U.S.C. § § 1692 et seq. Kross, Lieberman & Stone, Inc. , 19-1400, 2021 WL 3877930 (7th Cir.

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Fair Debt Collection Judgment Collections Debt collector 52

Account Recovery

JANUARY 12, 2024

A District Court judge in Ohio has dismissed a Fair Debt Collection Practices Act case because the plaintiff lacked standing to sue, even though he did allege some claims that have been considered sufficient for standing in the past (at least to my non-lawyer eyes).

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Fair Debt Collection Lawyers Collections 246

Account Recovery

APRIL 23, 2021

The House of Representatives has passed a bill aimed at amending the Fair Debt Collection Practices Act to provide additional protections to servicemembers. 1491, the Fair Debt Collection Practices for Servicemembers Act, was introduced in March by Rep, Madeleine Dean [D-Penn.]. The bill, H.R.

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Fair Debt Collection Collections 246

Account Recovery

JULY 8, 2024

A District Court judge in Pennsylvania has denied a defendant’s motion for summary judgment in a Fair Debt Collection Practices Act class-action lawsuit, ruling the defendant needed to disclose that a partial payment could restart the statute of limitations on a time-barred debt and that a reference to contacting the defendant by phone for further (..)

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Fair Debt Collection Judgment Collections 130

Account Recovery

JUNE 20, 2024

When you are being sought after for a number of unpaid debts, it can be difficult to keep track of your activities. That seems to be the case in this Fair Debt Collection Practices Act lawsuit, in which a District Court judge in Washington has granted a defendant’s motion for summary judgment because it appears […]

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Fair Debt Collection Judgment Collections 147

Account Recovery

JUNE 17, 2024

A District Court judge in Arizona has granted a motion to dismiss filed by the defendants in a Fair Debt Collection Practices Act case, ruling that the plaintiff already had one kick at the can in a nearly identical lawsuit against the defendants and thus can’t be allowed a second kick.

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Lawyers Fair Debt Collection Collections 147

Account Recovery

JUNE 14, 2024

A District Court judge in Louisiana has granted class certification in a lawsuit involving alleged violations of the Fair Debt Collection Practices Act. The case centers on attempts to recover overpayments from a grant program established to aid homeowners affected by Hurricanes Katrina and Rita.

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Fair Debt Collection Collections 147

Account Recovery

JUNE 10, 2024

In a case that was defendant by Jacob Bach of Martin Golden Lyons Watts Morgan, a Magistrate Court judge in Texas has recommended the dismissal of a Fair Debt Collection Practices Act case on the grounds that the underlying debt was not personal, but commercial.

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Fair Debt Collection Collections 147

Account Recovery

JUNE 27, 2024

A District Court judge in Maryland has dismissed a Fair Debt Collection Practices Act claim against a collection law firm, finding the plaintiff lacked standing to sue because he failed to allege any concrete injury from the firm’s actions, even though the firm filed two collection lawsuits seeking to collect on unpaid rent.

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Account Recovery

JUNE 11, 2024

A District Court judge in Alabama has partially granted a defendant’s motion for summary judgment in a Fair Debt Collection Practices Act case, ruling that an ambiguously worded dispute letter from the plaintiff’s attorneys could have indicated to the defendant that multiple debts were being disputed instead of just one and that the defendant (..)

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Fair Debt Collection Judgment Collections 147

Account Recovery

JUNE 26, 2024

A District Court judge in Michigan has awarded a plaintiff $6,000 in damages plus more than $8,500 in attorney’s fees in a default judgment against a collection operation that was accused of violating the Fair Debt Collection Practices Act by not marking an account furnished to the credit reporting agencies as disputed.

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Judgment Fair Debt Collection Collections 130

Account Recovery

DECEMBER 29, 2023

A California state Appeals Court has reversed a lower court’s decision awarding more than $20,000 in attorney fees to the plaintiff in a Rosenthal Fair Debt Collection Practices Act case, concluding that the defendant did not receive enough notice and opportunity to be heard before the fee was awarded sua sponte as a discovery sanction. […] (..)

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Fair Debt Collection Collections 130

Account Recovery

JUNE 24, 2024

A District Court judge in Missouri has granted a defendant’s motion for summary judgment in a Fair Debt Collection Practices Act case, ruling that the plaintiff lacked standing and that the defendant did not violate the FDCPA.

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Fair Debt Collection Judgment Collections Credit Management 130

Account Recovery

JUNE 7, 2024

A District Court judge in North Carolina has granted a defendant’s motion to dismiss after it was sued for allegedly violating the Fair Credit Reporting Act and the Fair Debt Collection Practices Act, ruling that the plaintiff’s amended complaint did not contain enough information to allege that a violation of either statute had taken place. (..)

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Fair Debt Collection Collections 147

Account Recovery

JULY 2, 2024

Good news for the industry in the form of a positive ruling in an “inconvenient time or place” lawsuit filed against a collection operation.

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Fair Debt Collection Judgment Collections Credit Management 130

Account Recovery

JUNE 19, 2024

Someone may want to show the plaintiff in this Fair Debt Collection Practices Act case this scene from “A Few Good Men.”

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Fair Debt Collection Collections Credit Management Education 147

Public Citizen

DECEMBER 18, 2020

The Consumer Financial Protection Bureau today issued a final rule implementing the Fair Debt Collection Practices Act. All the materials can be found here.

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Fair Debt Collection Collections 40

Account Recovery

MAY 30, 2024

A recent ruling by the California Court of Appeal has upheld significant violations of the Fair Debt Collection Practices Act and California’s Unfair Competition Law by the defendant and related entities. The ruling has critical implications for collection practices, particularly those involving homeowner associations (HOAs).

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Fair Debt Collection Collections 147

Account Recovery

MAY 29, 2024

A District Court judge in Florida has granted a defendant’s motion for summary judgment in a class-action lawsuit involving alleged violations of the Fair Debt Collection Practices Act and the Florida Consumer Collection Protection Act.

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Fair Debt Collection Judgment Consumer Collections Collections 147

Consumer Finance

OCTOBER 29, 2020

On October 30, 2020, the Consumer Financial Protection Bureau issued a final rule to restate and clarify prohibitions on harassment and abuse, false or misleading representations, and unfair practices by debt collectors when collecting consumer debt.

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Fair Debt Collection Debt collector Collections 96

Account Recovery

JUNE 18, 2024

Robbin Law, a state court judge in New Jersey has dismiss a Fair Debt Collection Practices Act class-action Hunstein case, ruling the plaintiffs failed to state a claim for which relief could be granted because transmitting information to a letter vendor for the purposes […]

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Fair Debt Collection Collections 130

Account Recovery

OCTOBER 19, 2023

A District Court judge in Kentucky has granted a defendant’s motion for summary judgment and denied a plaintiff’s motion for the same in a Fair Debt Collection Practices Act case that centers around the Date of First Delinquency and its materiality in inducing the plaintiff to pay off the debt in question.

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